In response to a formal Request for Information (RFI) published this January by the White House Office of Management and Budget (OMB) asking for public input on ways to “ensure adequate due process in regulatory enforcement and adjudication,” the Center for Workplace Compliance filed written comments containing several recommendations for reforms at the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC).
Among the recommendations regarding OFCCP are ensuring that the agency utilizes Title VII principles in adjudicating alleged discrimination claims, especially with respect to the appropriate use of statistics. We also recommend that the agency revise its regulations so that a federal contractor can initiate a review of certain contested matters, for example a broad information submission demand, rather than having to wait until the contractor gets sued by OFCCP for refusing to comply.
As to the EEOC, our recommendations urge the adoption of clearer rules to govern the agency’s conciliation obligations and more emphasis on the use of its mediation program to resolve disputes
Members of the Center for Workplace Compliance (CWC) can read more here.